Candy racks may contain an unwelcome "Surprise"
As merchants remove the last remnants of leftover Valentine's Day candy from their shelves and replace it with Easter treats, shoppers should be aware that there may be a hazardous, illegal product mixed in with the marshmallow bunnies and creme-filled eggs. Kinder Surprise eggs, made by Italy's Ferrero Group, are hollow chocolate eggs containing "surprise" toys. The eggs are popular worldwide; there's even a thriving collectors' market for some of the rarer toys. However, Surprise Eggs have been banned in the United States since 1997, when the Consumer Product Safety Commission warned that the toys could pose a choking hazard to children under 3. (That same year, Nestle voluntarily withdrew a similar product, Nestle Magic.) Kinder Surprise also falls afoul of a provision in the 1938 Federal Food, Drug and Cosmetic Act, which prohibits embedding "nonnutritive items" in confections.
Despite the ban, which is fully honored by Ferrero's U.S. arm, Surprise Eggs are widely available here, with many imported by companies specializing in foods from countries where the product is available legally. The eggs pictured above, for example, come from Poland, and were purchased for $1.59 each in a suburban New York gourmet food store. A Consumers Union staffer recently confirmed they were available in a German specialty store in the Washington, D.C. area. They are also widely available along the U.S.-Canadian border, since they're legal in Canada. Surprise Eggs are also easily purchased on the Internet, from ethnic importers, candy merchants, and, until recently, even from Amazon.com, which offered Surprise Eggs sold by a Greek importer through its Marketplace program (the products were sold and shipped by the importer, but Amazon provided the e-commerce infrastructure, and they showed up as part of a search on Amazon.com).
What to do: If you see Surprise Eggs on sale at a local or online store, you can notify the CPSC. (The agency contacts vendors and warns them that Surprise Eggs are illegal, though the sheer number of merchants carrying them means that some will inevitably slip through the cracks.) And if you really want to surprise your kids this Easter, you can consider getting them candy and toys separately. Mixing the two, especially when the toy is embedded inside the candy as it is with the Surprise Egg, sends a mixed message about what is and isn't edible, and puts younger children at risk.
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Posted by: Joy | Nov 3, 2009 6:44:12 PM
Kids under three shouldn't have chocolate much if at all anyway and the wrapper is covered with warnings about choking hazards, so what exactly is the problem. I swear, America is suffering from safety overload. No wonder there is such a shortage of people who are willing to take responsibility for themselves with this kind of thinking. Gee, my kid choked,it must be the egg's fault...get real.
Posted by: Florian | Jul 8, 2009 8:47:00 PM
This really made my day.
Posted by: Troy | Jun 3, 2009 2:25:25 PM
I wish someone would sell them online. I like them just as much as my children do. We found some around Hong Kong and my kids just love them.
Posted by: Mande | May 23, 2009 3:12:55 AM
So Japnaese Furuta eggs are also banned?
Posted by: scott | Apr 27, 2009 2:57:22 PM
Seriously? Every other country in the world seems to have responsible adults and children safely indulging in the forbidden candy(I feel a little frightened when I see that menacing chocolate egg), but our fine citizens can't handle this responsibility? If our people are so dumb they cannot safely consume a Kinder Egg, and parents are so stupid they give these to kids under three, we really should be encouraging more choking hazzards to encourage survival of the fittest. I knew the average American was pretty dumb, but this really explains just how bad it has gotten. In dealing with government offices regularly, I know where a lot of these people end up! Making ridiculous rules to save the dumb from being dumb!!
Posted by: Anthony | Apr 22, 2009 4:56:27 PM
What a stupid article. Kinder Surprise is absolutely safe, me and my friends ate them all the time, but they still seem special to me.
It is probably on of few things in life that you have to try as a kid. Otherwise you haven't lived.
Viva Kinder Surprise!
Posted by: lz | Apr 20, 2009 12:51:27 AM
is is legal to buy these in canada and bring them back here? my uncle used to get these for me when i was a kid (and he was stationed in germany) and i loved them.
Posted by: Christine | Apr 3, 2009 2:30:29 PM
Can confirm, I lived in Germany for over 30 years and never ever heard of 1 single case of a child getting hurt by eating the Kinder Eggs. These eggs are very popular amoung all age groups. I think it is a very unfortunate "law" that just puts fuel into the jokes that are made in Europe about Americans having no common sense at all...
What I don't get, if it is not legal to sell them why do 3 stores in our small town sell them?
My friend just came back from Germany and had dozens of them in the suitcae that got checked by custums and they let her keep them?! Why having a law for something that does not get reinforced?
Posted by: Morgen | Mar 28, 2009 8:25:10 PM
OK, this is rediculious... I have been eating Kinder eggs for years. These are my absolute favorite candy and cannot believe what I am reading. If someone is eating this cany so fast that they are swallowing a 2 inch plastic egg there are more issues then just reading the directions... Seriously, some of you really need to get a grip!
Nice to finally no the reason I can't find these anywhere in the states... Over protective mom's need to calm down and get a grip on reality.
Happy Easter...
Posted by: Joel Ciancanelli | Mar 27, 2009 7:50:20 AM
I am an American who has lived in Germany for over 20 years. Kinder Eggs are very popular and I have never heard of any health problems. If Kinder Eggs are in violation of the Drug and Cosmetic Act of 1938 then why are Cracker Jacks OK. It seem funny that this law is being so strongly enforced and the large number of children being killed by fire arms is accepted.
Posted by: Eric | Mar 24, 2009 2:25:52 PM
Since non-edible items cannot be embedded in food, then the government needs to ban the King Cake which is sold for Mardi Gras. Everyone has a small plastic baby, which is more dangerous the capsule in the Kinder Egg. Our government can be so rediculous.
Posted by: Melissa | Mar 23, 2009 7:01:46 PM
Our friend just gave some of these to us he brought from Germany, they were so good and my children, ages 5 and 8, loved them. It is sad when parent do not wish to take care to read the warnings, action like this ruin it for the rest of us, I will continue to allow the children to have these whenever they are brought home. I love the idea of these as a special treat.
Posted by: Egor | Mar 8, 2009 1:10:40 PM
Im from England and i I remember correctly the kinder eggs say onthe packaging that they are not for children under three years, the display boxes clearly make a point of the fact threy contain toys. Things like this make america look a joke to the outside world, the funniest part is that you expect people to report vendors of kinder eggs to the police! You would think the US was just some big school where people must tell a teacher if anyone does something the teacher doesnt like
Posted by: Heduanna | Feb 26, 2009 12:15:29 AM
I grew up in Canada, and while my American-born Mom would never buy Kinder eggs for me (hardly any chocolate in 'em), I never heard of anyone choking on them, either. Mind you, we only have 30 million people, not 300, so Murphy's law doesn't have quite so much room to operate.
But I wonder... from a dietary standpoint, Kinder Eggs are a lot healthier than full-size chocolate bars. With the obesity rate being most alarming in the U.S., perhaps promoting Kinder surprises would be *good* for public health.
Posted by: Gloria Thai | Jan 5, 2009 2:01:19 PM
We lived in Italy for three years. My kids and I loved Kinder Eggs. Amazing that no Italian children have choked on the toys. Here's a thought, don't give the eggs to children who still put things in their mouths!
Posted by: Marjorie | Nov 24, 2008 2:52:18 PM
Next they'll want warning labels on grapes and bananas--I'm not allowed to serve them in my Head Start class because they are considered choking hazards, too!
I think the real reason they are banned is because American products can't compete with the awesome toys in Kinder eggs. Have you opened a box of Cracker Jack lately? UGH!
Posted by: Hermann Ludwig | Nov 19, 2008 12:33:31 PM
Hmm, what ever happened to Pretzels? Are they now banned as well, since they obviously presented a choking hazard for the most powerful man in the world a couple of years back?
Just came back from a trip to Europe, to find my suitcase bereft of Kinder eggs.
I do feel much safer now indeed.
Posted by: Robynn Davis | Nov 8, 2008 8:02:28 PM
I am an American (Texan) mother who loves Kinder Surprise Eggs and gives them to my kids on their birthdays and at Christmas. My hubby recently brought some home from a business trip to Scotland.
I agree that the FDA has gone too far by banning these wonderful treats and those similar: but our elected officials think that we are imbeciles that have to be protected from ourselves. Unfortunately, in some cases, they are correct. There are too many people in the US that cannot think or do for themselves, and expect the government to take care of them.
As for me and mine, we will continue to find ways around the ban and enjoy Kinder Surprise Eggs for as long as Ferrero will make them. And if you think that I will turn in a merchant that is selling them illegally...you have another think coming (as my Dad used to say.)
Posted by: Heinz | Nov 3, 2008 3:51:13 PM
To bad that Ferrero doesnt have the funds to bribe some goverment officials. It is amacing that eight year old kids can play legaly with an UZI and kill themself at a gunshow but can not have a totaly save pice of chocolate. Wake up America
Posted by: AmericanJoe | Oct 22, 2008 4:16:06 PM
My dad used to give me and my sister these things after they were mailed from my grandparents in Germany. I never realized they were banned here, nor did I know these things were of any value...it's sad to think, that I can't recall where any of the hunreds of little toys I had went to. =(
Posted by: Chaos Prophet | Oct 15, 2008 9:39:16 PM
The new Kinder eggs (Joy) do NOT have the toy inside the chocolate anymore...it is in a separate container, but they are still held to this ban. That should tell you something right there.
It has absolutely no more of a choking hazard than the average American product but special negative consideration is given to the Kinder product to keep this dangerous weapon off the shelves. The land of over 100 million guns is apparently unable to cope with chocolate and toys?
Explain that.
Posted by: Kam | Oct 15, 2008 9:16:50 PM
Wow. Cheers to encouraging ignorance among American children. Consumer Reports, you are doing a wonderful job in contributing to the American Brain Drain.
Do you really believe that a child will want to eat that capsule inside the chocolate? I am a large adult male and I couldn't even swallow that thing. And how about testing it yourself first before issuing a clarion call to tattle on small defenseless corner stores and behaving like childish school hall monitors. It takes adult hands to open these capsules...they are very tight. Show me a 3 year old that can open that without taking a hammer to it and I'll make him a celebrity.
If the children can't tell already that a piece of plastic isn't a food item then they are likely not to be long for this world whether you ban items or not. Seriously, think about it.
Obviously no responsible parent gives ANY wrapped candy to a sub-three year old to let them eat it unsupervised. Have you considered the fact they can choke on the candy within a wrapper or packaging without the candy containing any offending toy whatsoever?
Why not just admit that you and the US government are simply protecting American candy corporations who would see profit loss if Kinder attained a foothold in the US.
That is what this is really about. We'd have a lot more respect for you if you just presented it in that straightforward fashion.
.
Posted by: natalie | Oct 12, 2008 10:50:13 AM
The ban and website info stating these kinder eggs are dangerous are ridiculous. Many toys from mcdonald,s, bubble gum machines and countless others contain small toys. aAe we banning everything? Parents need to monitor age appropriate items for their small children. These kinder eggs are a part of my fond memories as a child and have always provided a connection to my german family. I also buy these for my chidren. It is frustrating when it is hard to find or cost much extra to get from imported stores because of these bans.
Posted by: mom2jj | Sep 29, 2008 1:37:58 PM
We currently live in Germany where my husband is stationed with the USAF. I think the ban in the US is equally as ridiculous as everyone else. You can't just bite into the egg and eat the candy. The capsule has to be opened up. My kids are 6 and 8 and can hardly ever open the capsule themselves. Parents need to take responsibility and stop blaming everyone else.
Posted by: Never teh Bride | Aug 9, 2008 6:20:30 PM
Maybe parents should try watching their kids or checking out what they buy their kids before handing it over. The writing on these is typically not in English, so if you can't read German, Polish, or whatever, perhaps you shouldn't give the product to your little angel? I mean, give me a break. I lived in Germany, and my maternal family still lives there, and we all enjoyed plenty of Kinder eggs without choking to death. I have to wonder...Why can't Americans do the same?